The Future of Chevron Deference at the Supreme Court

The Supreme Court decided multiple administrative law cases this term, but in no majority opinion did the Court cite its landmark 1984 precedent Chevron v. NRDC. The lack of citation to Chevron raises an important question: Is the Court ignoring the Chevron doctrine (which provides for judicial deference to agency interpretations of ambiguous statutes)? Whatever the status of Chevron at the Supreme Court, lower courts continue to apply the doctrine. Scholars have lodged thoughtful critiques of Chevron's rule, but after October Term 2021, its continued vitality is unclear.

This panel analyzed what's next for Chevron, with a particular focus on what Chevron's conspicuous absence in the Court's opinions this term might mean for the doctrine's future.

Featuring:

Prof. Thomas W. Merrill, Charles Evans Hughes Professor of Law, Columbia Law School

Yaakov M. Roth, Partner, Jones Day

Eli Nachmany, Editor-in-Chief, Harvard Journal of Law & Public Policy

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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.